Marsh v. Social Security Administration Commissioner

Filing 20

ORDER directing Plaintiff to file an amended Motion for Attorney Fees contaning an itemized statement showing the actual time expended for each event on or before January 30, 2013. Defendant shall have (14) days to file a reply response to Plaintiff's amended motion for attorney fees, re 15 . Signed by Honorable Barry A. Bryant on January 16, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SHERYL MARSH
v.

PLAINTIFF
Civil No. 2:12-cv-02033

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

DEFENDANT

ORDER
BEFORE the Court is Plaintiff’s Motion for Award of Attorney Fees. ECF No. 15. Defendant
filed an Response to Plaintiff’s Motion for Award of Attorney Fees and objected to Plaintiff’s failure
to include an itemized statement showing the actual time expended for each event. ECF No. 19.
A party seeking an award of fees shall submit to the court an application for fees that includes
an itemized statement from the attorney showing the actual time expended and the rate at which the fees
were computed. See 28 U.S.C. § 2412(d)(1)(B). Although Plaintiff’s motion states he seeks 36 hours
calculated at the rate of $125.00 per hour for a total amount of $4,497.75, the statement submitted does
not state the actual time spent on each item, but only lists a dollar amount for each transaction. As a
result, the motion lacks adequate information for the Court to determine whether the fees are in fact
reasonable.
IT IS HEREBY ORDERED Plaintiff file an amended Motion for Award of Attorney Fees
containing an itemized statement showing the actual time expended for each event on or before January
30th, 2013. Defendant shall have fourteen (14) days in which to file a reply response to Plaintiff’s
Amended Motion for Award of Attorney Fees.

IT IS SO ORDERED this 16th day of January 2013.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE